Can the Palestinians sue Britain over Balfour?

The Balfour Declara­tion is a letter from Arthur Balfour, then the British foreign secretary, to the Zionist Federation of Great Britain and Ireland, dated November 2, 1917.

The critical part of this short letter said: “His Majesty’s government view[s] with favour the establishment in Palestine of a national home for the Jewish people and will use [its] best endeavours to facilitate the achievement of this object, it being clearly understood that nothing shall be done that may prejudice the civil and religious rights of existing non-Jewish communities in Palestine or the rights and political status enjoyed by Jews in any other country.”

For Israel and many Jews around the world, the centennial anniversary of the Balfour Declaration is cause for celebra­tion. After all, the declaration paved the way for the establish­ment of a homeland for Jews in Palestine, which, 100 years on, Israel would claim has been achieved in what it calls “the Jewish state.”

Palestinians, both informally and at the official level, argued that — at the very least — Britain should use the document’s 100th anniversary to acknowledge the role it played in what the Pales­tinians describe as the nakba — “disaster.”

After all, peace has not been achieved; the Palestinians continue to exit either in exile, under occupation or as second-class citizens within Israel’s internationally recognised borders.

Palestinian President Mahmoud Abbas demanded an apology from Britain during his address at the UN General Assembly last September.

“We ask Great Britain, as we approach 100 years since this infamous declaration, to draw the necessary lessons and to bear its historic, legal, political, material and moral responsibility for the consequences of this declaration, including an apology to the Palestinian people for the catastrophes, misery and injustice this declaration created and to act to rectify these disasters and remedy its conse­quences, including by the recognition of the state of Palestine,” Abbas said. “This is the least Great Britain can do.”

In the Palestinian diaspora, several ideas were considered, including mass demonstrations on or near November 2.

The London-based Palestinian Return Centre secured a petition on the British government’s petitions site calling on London to openly apologise to the Palestinian people for issuing the Balfour Declaration.

“The colonial policy of Britain between 1917-1948 led to mass displacement of the Palestinian nation,” the petition reads, adding that London should recognise its role during the mandate and “must lead attempts to reach a solution that ensures justice for the Palestin­ian people.”

The government’s response was that the Balfour Declaration is a historic statement for which London “does not intend to apologise. We are proud of our role in creating the state of Israel.”

It further stated that “estab­lishing a homeland for the Jewish people in the land to which they had such strong historical and religious ties was the right and moral thing to do, particularly against the background of centuries of persecution.”

The statement recognised that the declaration “should have called for the protection of political rights of the non-Jewish communities in Palestine, particularly their right to self-determination. However, the important thing is to look forward and establish security and justice for both Israelis and Palestinians through a lasting peace.” It then reinstated Britain’s position on how peace can be achieved.

Britain plans to celebrate Balfour or “mark it with pride,” as British Prime Minister Theresa May announced. Israeli Prime Minister Binyamin Netanyahu will attend and a royal visit to Israel is planned.

In response, Palestinian envoy to Britain Manuel Hassassian said celebrating Balfour “rubs salt in the wounds of the Palestinian people.” He made no reference to the threat made at the Arab summit last July by Abbas to sue Britain in an international court for the Balfour Declaration.

The Times of Israel recently reported that the British govern­ment, which has been delaying the issue of a visa to the new Palestinian head of mission announced by Abbas, might be planning to “downgrade” the status of the diplomatic mission in London.

The prospect of the British government responding to the call from its own Parliament in 2014 to recognise the state of Palestine seems as distant as ever.